Unknown. Interim final action

3,309 words·~15 min read·/register/2018/07/03/2018-14279·

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--- schema: federal-register doc_type: fedreg source_file: FR-2018-07-03.xml --- 83 128 Tuesday, July 3, 2018 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Foreign Agricultural Service Animal Animal and Plant Health Inspection Service NOTICES Environmental Assessments; Availability, etc.: Oral Rabies Vaccine Trial, 31117-31118 2018-14307 Centers Disease Centers for Disease Control and Prevention NOTICES Final National Occupational Research Agenda for Services, 31150 2018-14227 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31150-31152 2018-14336 Civil Rights Civil Rights Commission NOTICES Meetings: Florida Advisory Committee, 31119-31120 2018-14231 Coast Guard Coast Guard RULES Drawbridge Operations: Rancocas Creek, Burlington, NJ, 31048 2018-14238 Safety Zones: Annual Events in Captain of the Port Buffalo Zone—July Fireworks; Enforcement, 31059-31060 2018-14326 Canalside 4th of July Celebration, Buffalo River, Buffalo, NY, 31048-31050 2018-14325 City of Benicia Fourth of July Fireworks Display, Carquinez Straight, Benicia, CA, 31050-31052 2018-14269 City of Vallejo Fourth of July Fireworks Display, Mare Island Strait, Vallejo, CA, 31060-31062 2018-14267 Gulf Intracoastal Waterway, Lafitte, LA, 31062-31064 2018-14244 Lower Mississippi River, New Orleans, LA, 31055-31057 2018-14245 Lower Tchefuncte River, Madisonville, LA, 31052-31054 2018-14243 Red, White and Tahoe Blue Fireworks, Incline Village, NV, 31054-31055 2018-14268 San Francisco Fourth of July Fireworks Display, San Francisco Bay, San Francisco, CA, 31057-31059 2018-14259 Special Local Regulations:

Regattas and Marine Parades; Great Lakes Annual Marine Events, 31047-31048 2018-14250 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31162-31167 2018-14234 2018-14235 2018-14236 2018-14237 2018-14242 2018-14249 Commerce Commerce Department See International Trade Administration Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Financial Surveillance Examination Program Requirements for Self-Regulatory Organizations, 31078-31086 2018-14272 Defense Department Defense Department See Navy Department NOTICES Charter Amendments:

Defense Innovation Board, 31124 2018-14262 Charter Renewals: Uniform Formulary Beneficiary Advisory Panel, 31124 2018-14290 Meetings: Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in Armed Forces, 31125 2018-14257 Education Department Education Department RULES Assistance to States for Education of Children With Disabilities; Preschool Grants for Children With Disabilities, 31306-31318 2018-14374 Program Integrity and Improvement, 31296-31303 2018-14373 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Household Education Survey 2019, 31134 2018-14273 Applications for New Awards: Educational Technology, Media, and Materials for Individuals With Disabilities—Stepping-Up Technology Implementation, 31125-31134 2018-14338 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Nevada, 31135-31136 2018-14256 Environmental Management Site-Specific Advisory Board, Northern New Mexico, 31134-31135 2018-14327 Environmental Management Site-Specific Advisory Board, Savannah River Site, 31135 2018-14328 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: California; Yolo-Solano Air Quality Management District; Negative Declarations, 31072-31075 2018-14197 Colorado; Attainment Demonstration for 2008 8-Hour Ozone Standard for Denver Metro/North Front Range Nonattainment Area, and Approval of Related Revisions, 31068-31072 2018-13599 Pennsylvania; Base Year Emissions Inventories for Lebanon and Delaware County Nonattainment Areas for 2012 Annual Fine Particulate Matter National Ambient Air Quality Standard, 31064-31067 2018-14199 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Arizona Air Plan; Hayden Lead Nonattainment Area Plan for 2008 Lead Standard, 31087-31098 2018-14198 Increasing Consistency and Transparency in Considering Costs and Benefits in Rulemaking Process, 31098-31099 2018-14330 Standards for 2019 and Biomass-Based Diesel Volume for 2020 Under Renewable Fuel Standard Program: Public Hearing, 31098 2018-14329 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Facility Ground-Water Monitoring Requirements, 31141-31142 2018-14323 Hazardous Waste Generator Standards, 31140-31141 2018-14321 NESHAP for Hazardous Waste Combustors, 31142-31143 2018-14322 Requirements and Exemptions for Specific RCRA Wastes, 31139-31140 2018-14320 Farm Credit Farm Credit Administration NOTICES Meetings;

Sunshine Act, 31143 2018-14389 Federal Aviation Federal Aviation Administration NOTICES Exemption Petitions; Summaries: HessJet, LLC, 31255 2018-14271 Meetings: Drone Advisory Committee, 31254-31255 2018-14394 Federal Communications Federal Communications Commission PROPOSED RULES 8YY Access Charge Reform, 31099-31116 2018-14150 Federal Emergency Federal Emergency Management Agency RULES Suspensions of Community Eligibility, 31075-31077 2018-14229 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31137-31138 2018-14226 Complaints: VA Solar 1, LLC v. PJM Interconnection, LLC, 31136 2018-14224 Environmental Assessments; Availability, etc.: National Grid LNG, LLC; Fields Point Liquefaction Project, 31136-31137 2018-14225 Environmental Reviews: Rover Pipeline, LLC; UGS-Crawford Meter Station Project, 31138-31139 2018-14222 Filings: ATX Southwest, LLC, 31139 2018-14223 Federal Maritime Federal Maritime Commission NOTICES Complaints: Falcone Global Solutions, LLC v.

Maurice Ward Networks, Ltd. d/b/a Maurice Ward Group; Maurice Ward and Co., BV.; and Maurice Ward and Co. S.R.O., 31143-31144 2018-14220 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31144-31150 2018-14303 2018-14304 2018-14305 Announcement of Financial Sector Liabilities, 31148-31149 2018-14241 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements; Availability, etc.: American Electric Power American Burying-Beetle Habitat Conservation Plan in Arkansas, Oklahoma, and Texas, 31170-31172 2018-14254 Requests for Nominations:

Sport Fishing and Boating Partnership Council, 31172-31173 2018-14253 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Licensing Provisions; Section 351(k) Biosimilar Applications, 31152-31154 2018-14265 Regulations Under Federal Import Milk Act, 31155-31156 2018-14266 Meetings: Antimicrobial Drugs Advisory Committee; Establishment of Public Docket, 31154-31155 2018-14240 Foreign Agricultural Foreign Agricultural Service NOTICES WTO Agricultural Quantity-Based Safeguard Trigger Levels, 31118-31119 2018-14312 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department RULES Government National Mortgage Association:

Loan Seasoning for Ginnie Mae Mortgage-Backed Securities—Interpretive Rule, 31042-31045 2018-14354 Inspection Requirements for Federal Housing Administration Single-Family Mortgage Insurance: Removal of FHA Inspector Roster, 31038-31042 2018-14212 NOTICES Rental Assistance Demonstration: Implementation of Certain Fiscal Year 2018 Appropriations Act Provisions, 31168-31169 2018-14248 Supplemental Guidance on Final Notice, 31169-31170 2018-14210 Interior Interior Department See Fish and Wildlife Service See Surface Mining Reclamation and Enforcement Office NOTICES Charter Renewals:

Sport Fishing and Boating Partnership Council, 31173 2018-14252 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Opportunity To Request Administrative Review, 31121-31123 2018-14263 Application(s) for Duty-Free Entry of Scientific Instruments, 31120 2018-14264 Charter Renewals: Renewable Energy and Energy Efficiency Advisory Committee; Solicitation of Nominations for Membership, 31123-31124 2018-14276 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Steel Propane Cylinders From Taiwan, 31174 2018-14232 Labor Department Labor Department See Occupational Safety and Health Administration Management Management and Budget Office RULES OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 31037-31038 2018-14279 National Institute National Institutes of Health NOTICES Charter Renewals: Office of AIDS Research Advisory Council, 31157 2018-14318 Meetings:

Center for Scientific Review, 31158-31161 2018-14213 2018-14214 2018-14215 2018-14309 2018-14310 National Eye Institute, 31157 2018-14216 National Human Genome Research Institute, 31159 2018-14311 National Institute of Allergy and Infectious Diseases, 31161 2018-14218 National Institute of Neurological Disorders and Stroke, 31159-31160 2018-14317 National Institute on Aging, 31157, 31161 2018-14313 2018-14314 2018-14315 National Institute on Alcohol Abuse and Alcoholism, 31158, 31161-31162 2018-14217 2018-14316 Navy Navy Department RULES Certifications and Exemptions Under International Regulations for Preventing Collisions at Sea, 1972, 31046-31047 2018-14251 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating Licenses and Combined Licenses:

Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 31190-31197 2018-12919 Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc.; Biweekly Notice, 31180-31190 2018-13758 Meetings; Sunshine Act, 31197-31198 2018-14471 State Agreements: Wyoming; NRC Staff Assessment, 31174-31180 2018-14174 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Beryllium Standard for General Industry, 31045-31046 2018-14274 PROPOSED RULES Beryllium Standard for General Industry, 31086-31087 2018-14275 Postal Regulatory Postal Regulatory Commission RULES Non-Public Information, 31258-31294 2018-14183 NOTICES New Postal Products, 31198 2018-14228 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Department of State Authorities Act, Fiscal Year 2017;

Delegation of Authority (Memorandum of June 4, 2018), 31319-31321 2018-14485 Jerusalem Embassy Act; Suspension of Limitations (Presidential Determination No. 2018-09 of June 4, 2018), 31323 2018-14487 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 31205 2018-14392 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 31229-31232 2018-14296 Cboe BZX Exchange, Inc., 31198-31201, 31246 2018-14297 2018-14302 Depository Trust Co., 31223-31227 2018-14298 ICE Clear Credit, LLC, 31244-31246 2018-14299 Nasdaq BX, Inc., 31203-31205, 31232-31233, 31241-31243 2018-14277 2018-14284 2018-14288 Nasdaq GEMX, LLC, 31233-31234 2018-14294 Nasdaq ISE, LLC, 31243-31244 2018-14292 Nasdaq MRX, LLC, 31213-31214 2018-14295 Nasdaq PHLX, LLC, 31201-31203, 31227-31229 2018-14291 2018-14301 New York Stock Exchange, LLC, 31212-31213, 31234-31236 2018-14286 2018-14287 NYSE American, LLC, 31205-31210 2018-14293 NYSE Arca, Inc., 31210-31212, 31214-31223, 31236-31237 2018-14283 2018-14285 2018-14300 Options Clearing Corp., 31237-31241 2018-14233 Small Business Small Business Administration NOTICES Disaster Declarations:

Hawaii, 31250 2018-14324 Interest Rates, 31246-31247 2018-14208 Privacy Act; Systems of Records, 31247-31250 2018-14209 Social Social Security Administration NOTICES Privacy Act; Systems of Records, 31250-31252 2018-14246 2018-14247 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Statement Regarding Lost or Stolen U.S. Passport Book and/or Card, 31253 2018-14219 Meetings: Biodiversity Beyond National Jurisdiction, 31252-31253 2018-14221 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Contractor Eligibility and Abandoned Mine Land Contractor Information Form, 31173-31174 2018-14239 Surface Transportation Surface Transportation Board NOTICES Releases of Waybill Data, 31253-31254 2018-14278 Trade Representative Trade Representative, Office of United States NOTICES Determinations Under African Growth and Opportunity Act, 31254 2018-14230 Transportation Department Transportation Department See Federal Aviation Administration Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals Federal Medical Care Recovery Act Bill Requests, 31256 2018-14335 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Accelerated Aging Among Vietnam-Era Veterans Survey, 31255-31256 2018-14319 Separate Parts In This Issue Part II Postal Regulatory Commission, 31258-31294 2018-14183 Part III Education Department, 31296-31303 2018-14373 Part IV Education Department, 31306-31318 2018-14374 Part V Presidential Documents, 31319-31321, 31323 2018-14485 2018-14487 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 83 128 Tuesday, July 3, 2018 Rules and Regulations OFFICE OF MANAGEMENT AND BUDGET 2 CFR Part 180 OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) AGENCY: Office of Management and Budget. ACTION:

Interim final action. SUMMARY: The Office of Management and Budget

(OMB)is amending the OMB guidance to agencies on governmentwide nonprocurement debarment and suspension (nonprocurement) to implement a section of the National Defense Authorization Act for Fiscal Year 2017

(NDAA)that prohibits awards to persons or entities involved in activities that violate arms control treaties or agreements with the United States. The NDAA requires revision of these OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. To fully implement the NDAA requirement necessitates revision of OMB Guidelines to agencies on Governmentwide Debarment and Suspension (Nonprocurement). DATES: *Effective date:* July 3, 2018. *Comments due date:* Interested parties should submit comments electronically to *www.regulations.gov* on or before September 4, 2018 to be considered in the formation of the final guidance. ADDRESSES: Comments on this interim action must be submitted electronically before the comment closing date to *www.regulations.gov.* In submitting comments, please search for recent submissions by OMB to find docket OMB-2018-0001. The public comments received by OMB will be a matter of public record and will be posted at *www.regulations.gov.* Accordingly, please do not include in your comments any confidential business information or information of a personal-privacy nature. If you send an email comment, your email address will be automatically captured and included as part of the comment that is placed in the public docket. Please note that responses to this public comment request containing any routine notice about the confidentiality of the communication will be treated as public comments notwithstanding the inclusion of the routine notice. FOR FURTHER INFORMATION CONTACT: Gil Tran, OMB, Office of Federal Financial Management at 202-395-3052 or *Hai_M._Tran@omb.eop.gov.* SUPPLEMENTARY INFORMATION: Background The System for Award Management

(SAM)Exclusions is a list of persons and entities ineligible for Federal awards. Currently, Federal awarding agencies are required to check the list before making Federal awards to determine whether the person or entity is excluded, debarred, suspended, or otherwise prohibited from receiving Federal awards. If the person or entity is identified as prohibited from receiving Federal awards, Federal awarding agencies cannot make the award unless the Federal agency head or designee allows an exception consistent with existing law. This requirement flows down to Federal award recipients, who are required to check SAM Exclusions for all subawards and contracts equal to or exceeding $25,000. However, these requirements do not currently apply to a limited number of Federal awards given to certain types of foreign entities. The purpose of this interim action is to amend OMB Guidelines to agencies on Governmentwide Debarment and Suspension (Nonprocurement) to extend these requirements of potential Federal awards to persons, entities, or organizations that have engaged in any activity that contributed to or is a significant factor in a country's non-compliance with its obligations under arms control, nonproliferation, or disarmament agreements or commitments with the United States. Pursuant to 22 U.S.C. 2593e(a)(1), the Secretary of the Treasury is required to submit to the appropriate Congressional committees a report, consistent with the protection of intelligence sources and methods, identifying every person with respect to whom there is credible information indicating that the person is an individual who is a citizen, national, or permanent resident of, or an entity organized under the laws of, a noncompliant country as described in 22 U.S.C. 2593e(a)(2); and has engaged in any activity that contributed to or is a significant factor in the President's or the Secretary of State's determination that such country is noncompliant. The Secretary of the Treasury also identifies any person or entity that has provided material support for such noncompliance to a person or entity engaged in the noncompliant activities. The Secretary of Treasury posts this information, as appropriate and consistent with the protection of intelligence sources and methods, as an exclusion record in the SAM database. If the person or entity is on the SAM Exclusions list, the person or entity may not receive Federal awards and awards may not be renewed or extended. With respect to each person or entity identified by the Secretary of the Treasury as having provided material support, the NDAA calls for the imposition of certain measures. Specifically, section 1290(c)(1) requires that the head of any executive agency may not enter into, renew, or extend a contract for the procurement of goods or services with such person or entity. Furthermore, section 1290(c)(3) directs that the Federal Acquisition Regulation (FAR), the Defense Federal Acquisition Regulation Supplement, and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards be revised accordingly to implement the NDAA requirement. The revisions to the FAR were published in the **Federal Register** on June 15, 2018 (83 FR 28145, FAR Case 2017-018). This action amends 2 CFR 180.215 to implement section 1290 of the NDAA. Discussion and Analysis This action amends 2 CFR part 180 to ensure that entities who have engaged in activity that contributed to or is a significant factor in a country's non-compliance with its obligations under arms control, nonproliferation or disarmament agreements or commitments with the United States are restricted from receiving non-procurement and procurement transactions. Currently, 2 CFR part 180 restricts Federal awards that are considered covered transactions to persons or entities that are listed in SAM Exclusions and these requirements flow down to all covered transactions, including:

(1)All nonprocurement subawards; and

(2)contracts that equal or exceed $25,000. However, 2 CFR 180.215 provides specific exceptions from what are considered covered transactions, including awards to certain types of foreign entities. This action revises 2 CFR 180.215 to define “covered transactions” to include direct awards, regardless of tier or amount for non-procurement and procurement transaction, to exempt foreign persons, entities and organizations if such persons, entities, or organizations have engaged in any activity that contributed to or is a significant factor in a country's non-compliance with its obligations under arms control, nonproliferation or disarmament agreements or commitments with the United States. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of E.O. 12866. In addition, this action is not a major rule under 5 U.S.C. 804. Executive Order 13771 This action is not an E.O. 13771 regulatory action because it is not significant under E.O. 12866. Regulatory Flexibility Act The Regulatory Flexibility Act, 5 U.S.C. 601, *et seq.,* requires that an agency provide a final regulatory flexibility analysis or certify that the rule will not have a significant economic impact on a substantial number of small entities. OMB does not expect this interim action to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. This interim action implements the provisions of section 1290 of the NDAA and will not have a significant economic impact on a substantial number of small entities because it will affect only a small number of Federal awards that are currently excluded from the definition of covered transactions. Currently, the vast majority of Federal awards are subject to the 2 CFR part 180 provisions that apply to covered transactions. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the changes to 2 CFR part 180 do not impose incremental recordkeeping or information collection requirements, or the collection of information that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, *et seq.* Determination To Issue Interim Action As this regulatory action involves a matter relating to Federal awards, it is not subject to the public procedure requirements of the informal rulemaking provisions of the Administrative Procedure Act. *See* 5 U.S.C. 553(a)(2). Nevertheless, OMB is voluntarily seeking comment to be considered in the formation of the final action. List of Subjects in 2 CFR Part 180 Administrative practice and procedure, Debarment and suspension, Grant programs, Reporting and recordkeeping requirements. Timothy F. Soltis, Deputy Controller. For the reasons stated in the preamble, the Office of Management and Budget amends 2 CFR part 180, as set forth below: PART 180—OMB GUIDELINES TO AGENCIES ON GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 1. The authority citation for part 180 is revised to read as follows: Authority: Pub. L. 109-282; 31 U.S.C. 6102, Sec. 2455, Pub. L. 103-355, 108 Stat. 3327; E.O. 12549, 3 CFR, 1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989 Comp., p. 235. 2. In § 180. 215, add paragraph

(h)to read as follows: § 180. 215 Which nonprocurement transactions are not covered transactions?

(h)Notwithstanding paragraph

(a)of this section, covered transactions must include non-procurement and procurement transactions involving entities engaged in activity that contributed to or is a significant factor in a country's non-compliance with its obligations under arms control, nonproliferation or disarmament agreements or commitments with the United States. Federal awarding agencies and primary tier non-procurement recipients must not award, renew, or extend a non-procurement transaction or procurement transaction, regardless of amount or tier, with any entity listed in the System for Award Management Exclusions List on the basis of involvement in activities that violate arms control, nonproliferation or disarmament agreements or commitments with the United States, pursuant to section 1290 of the National Defense Authorization Act for Fiscal Year 2017, unless the head of a Federal agency grants an exception pursuant to 2 CFR 180.135 with the concurrence of the OMB Director. [FR Doc. 2018-14279 Filed 6-29-18; 8:45 am]

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